Federal agents attempt to keep protesters back outside an ICE facility on Oct. 6, 2025, in Portland, Ore. (Spencer Platt/Getty Images)
The extension comes as lawyers for the state of Oregon and for the Trump administration both await a ruling from the 9th U.S. Circuit Court of Appeals, which heard oral arguments on appeal from the Trump administration last week.
Judges on the three-member appeals court seemed largely sympathetic to the Trump administration, especially the two Trump appointees, who noted in court that presidents do enjoy broad latitude to deploy the National Guard.
They ended arguments by telling both parties they would rule as soon as possible on the issue, though the judges did not provide a more formal timeline.
PORTLAND POLICE CHIEF TOUTS 'CROWD SUPPORT' APPROACH AS ICE FACILITY FACES ONGOING VIOLENCE
A demonstrator wearing an inflatable Capybara costume stands outside of the U.S. Immigration and Customs Enforcement (ICE) headquarters, as police work to disperse the crowd to clear traffic driving into the ICE building, during a protest, in south Portland, Ore., U.S., Oct. 6, 2025. (Carlos Barria/Reuters)
The extension from the lower court judge comes as Trump has sought to deploy hundreds of National Guard troops to Democratic-led cities despite stated opposition from local and state leaders.
Senior administration officials have argued that the deployment is a necessary step to crack down on what they say is an uptick in violent crime and protect against threats from protesters, including anti-ICE demonstrations in many downtown areas.
The panel's majority otherwise did little to disguise their skepticism of arguments presented by Oregon Attorney General Stacy Chaffin — including that Trump's assessment of violence in the city did not justify federalizing the National Guard.
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Democrats have countered that Trump's descriptions are hyperbolic and inaccurate, and are merely a legal pretext for Trump to try to "federalize" Democratic-led cities.
The issue is one of several similar cases centered on Trump's troop deployment, a matter widely expected to be eventually punted to the Supreme Court.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.
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